United States District Court, M.D. Georgia, Macon Division
ASHLEY ROYAL, SENIOR JUDGE, UNITED STATES DISTRICT COURT
David Antoine Luster has filed an application to appeal
in forma pauperis. Motion for Leave to Appeal In
Forma Pauperis, ECF No. 12. After reviewing the record,
the Court enters the following Order.
August 31, 2017, this Court dismissed Petitioner's
petition for writ of habeas corpus because Petitioner failed
to obtain leave from the Eleventh Circuit to file a second or
successive habeas petition. Order Dismissing Pet. for Writ of
Habeas Corpus, ECF No. 9. Judgment was entered on September
1, 2017. Judgment, ECF No. 10. Petitioner seeks to appeal the
judgment. Notice of Appeal., ECF No. 11.
to appeal in forma pauperis are governed by 28
U.S.C. § 1915 and Fed. R. App. P. 24. 28 U.S.C. §
(a)(1) [A]ny court of the United States may authorize the
commencement, prosecution or defense of any suit, action or
proceeding, civil or criminal, or appeal therein, without
prepayment of fees or security therefore, by a person who
submits an affidavit that includes a statement of all assets
such prisoner possesses that the person is unable to pay such
fees or give security therefor. Such affidavit shall state
the nature of the action, defense or appeal and affiant's
belief that the person is entitled to redress.
. . .
(3) An appeal may not be taken in forma pauperis if the trial
court certifies in writing that it is not taken in good
Fed. R. App. P. 24(a) provides:
(1) [A] party to a district-court action who desires to
appeal in forma pauperis must file a motion in the district
court. The party must attach an affidavit that:
(A) shows . . . the party's inability to pay or to give
security for fees and costs;
(B) claims an entitlement to redress; and
(C) states the issues that the party intends to present on
(2) If the district court denies the motion, it must state
its reasons in writing.
the Court must make two determinations when faced with an
application to proceed in forma pauperis. First, it
must determine whether the petitioner is financially able to
pay the filing fee required for an appeal. Petitioner's
application and certified trust fund account statement in
this case indicate that he is unable to pay ...